Illinois Truck Accident Lawyer Blog

Earlier this week, a Chicago truck accident attorney at our office read a news report detailing new sleep apnea guidelines that the Federal Motor Carrier Safety Administration is looking to implement into the trucking industry. TheTrucker.com reports that the recommendations were provided by two medical advisory bodies in February on the topic of obstructed sleep apnea in truck drivers.

The recommendations list a body mass index or BMI of 35 or great and an Apnea Hypopnea Index or AHI of 20 or more (moderate to severe sleep apnea) as being triggers for testing and treatment. Under the recommendations, treatment would consist of using a Positive Airway Pressure or a PAP machine. Our Chicago truck accident lawyer learned that the use of dental appliances to treat sleep apnea were “not approved alternatives at this time” by the medical advisory boards.

The Federal Motor Carrier Safety Administration recently revealed in a notice published in the Federal Register this is “proposes to adopt the recommendations as regulatory guidance after reviewing and evaluating comments received by the public.” It is reported that public comments must be received on or before 30 days from April 19, 2012.

Additional aspects of the recommendations include:
- A driver with a BMI of 35 or greater could be conditionally certified for 60 days pending a sleep study and treatment if diagnosed with OSA. Within 60 days, if the driver was compliant with treatment, he or she could get an additional 90-day certification.
- If, after 90 days the driver is still compliant with treatment he or she could get certification for a year depending on continued compliance.
- PAP compliance is defined as “at least” four hours a day of use on 70 percent of days with seven or more hours of daily use during sleep deemed “preferable.”
- A commercial driver with a diagnosis of obstructive sleep apnea (OSA) can be certified if he or she has only mild to moderate OSA (an AHI of less or equal to 20) and if the driver “does not admit to experiencing excess sleepiness during the major wake period or the driver’s OSA is being effectively treated.”
- The AHI is used to measure the severity of sleep apnea and has to do with the number of times a night a person stops breathing.

Our Illinois truck accident attorneys at Levin & Perconti are pleased to learn that the Federal Motor Carrier Safety Administration has been extensively working on recommendations and future regulations for truck driver sleep apnea. These recommendations are a positive step in the right direction for reducing potentially fatal accidents caused by issues related to a truck driver’s sleep apnea.

Any Chicago accident lawyer will tell you that Federal Motor Carrier Safety Administration has heavily regulated the hours-of-service that large commercial vehicle drivers are permitted to operate in a given week. This regulation was implemented as a necessary measure to protect truck driver health and ensure that the safety of the traveling public is not compromised by driver fatigue and subsequent fatigued-related semi truck accidents.

In order to adhere to this rule, our accident lawyers in Chicago know that truck drivers are required to records their traveling hours manually in paper logbooks. However, this ancient system of recording hours has been severely plagued by false information and manipulation at the hands of truck drivers and their trucking carriers.

In order to make the process more legitimate and free of any illegality, the Federal Motor Carrier Safety Administration developed a new system that will be implemented in June 2012. This system would ultimately mandate stringent regulation on trucking carriers who exceed the allotted 10 percent of hours-of-service noncompliance. Additionally, trucking carriers who maintain a 40 percent higher crash rate than the general trucking population would be required to install Electronic On-Board Recorded in all commercial vehicles.

As a direct result of the impending trucker rule, CourtHouseNews.com reports that three truck drivers, as well as, the Owner-Operator Independent Drivers Association petitioned the federal appeals court for review, asserting that the on-board monitors would prevent truck drivers from “using their own discretion to gauge driver fatigue.” As a result, the 7th Circuit Court struck down the impeding rule for failing to adequately address concerns that the on-board devices could be used to harass large commercial vehicle drivers.

As a result of the ruling, a Chicago truck accident lawyer at our firm learned that the three truck driver plaintiffs petitioned the court for compensation for attorney fees, as well as, costs under the Equal Access to Justice Act – an Act that allows successful litigants to recover fees from successful litigation against the United States in certain circumstances.

However, the 4th Circuit Court ultimately held that the truckers were not eligible for the EAJC compensation and the 8th Circuit also denied fees to the truckers. It was held that in cases where a company’s insurance policy reimbursed defense costs of its corporate officer in underlying litigation.

Despite the determined illegality of the proposed trucking rule, our Chicago accident lawyers continue to stress the importance of regularly mandating the trucking industry. Given the sheer size and weight of large commercial vehicles, drivers and their trucking carriers must adhere to federal and state laws in order to prevent the devastating injuries and fatalities that may ensue from unsafe travel.

According to a report posted on ABC.net, the cause of a devastatingly fatal accident involving a semi truck has been determined to be attributed to driver fatigue. The accident, which transpired last April, transpired when the 42 year-old driver of a passenger vehicle veered onto the wrong side of an interstate highway – ultimately colliding with an oncoming semi tractor-trailer. Although there was evidence that the passenger vehicle driver attempted to brake before impact, the woman died instantly in the collision.

Our Chicago truck accident attorneys learned that the 42 year-old had been awake since 4 o’clock in the morning prior to the accident and had been suffering flu-like symptoms which caused an interruption in her sleep the week prior to the fatal accident. In a statement released by the coroner, it was found that there was nothing wrong with the passenger vehicle and no evidence of driver inattention. Additionally, the corner highlighted the negative consequences of driver fatigue and urged local authorities to continue to highlight and address this often life-threatening issue.

Although our Illinois trucking accident blog frequently discusses the continued effects of semi truck driver fatigue, it is important to highlight that fatigue can affect all drivers and may often result in devastating motor vehicle accidents resulting in severe personal injury or even death. According to statistics provided by the National Sleep Foundation’s 2005 Sleep in America poll, over 60% of adult drivers (approximately 168 million individuals) admitted to have driven a motor vehicle while fatigued. Of that number, 37% (103 million) revealed that they have fallen asleep behind the wheel while 4% (11 million) were involved in an accident or near accident due to driver fatigue or falling asleep behind the wheel.

The most recent accident statistics provided by the National Transportation Safety Board revealed additional harrowing figures regarding driver fatigue. According to the statistics, an estimated 100,000 police-reported motor vehicle accidents are the direct result of driver fatigue each year – resulting in 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses.

In order to prevent the tragic injury and losses caused by driver fatigued-related accidents, each Chicago truck accident lawyer at Levin & Perconti recommends that drivers of all types of motor vehicles adhere to the following recommendations provided by DrowsyDriving.org:

- Get adequate sleep
- Schedule proper breaks during long trips
- Always avoid alcohol and sedative medications before travel
- If possible, travel with a companion to share the driving

Earlier today, a Chicago truck accident lawyer at our firm read a news report posted on TTNews.com detailing a new initiative that has been developed by the Federal Motor Carrier Safety Administration to help curb the increasing epidemic of truck driver sleep apnea. In a statement released by the chief safety officer of the Federal Motor Carrier Safety Administration, the federal government is looking into mandated guidelines that would require drivers who are diagnosed with sleep apnea to use a continuous positive airway pressure (CPAP) machines. The CPAP machines are designed to keep the user’s airway open during sleep.

Frequently discussed on our Illinois trucking accident blog, sleep apnea is a condition where the tongue and soft palate relax when a person sleeps. This ultimately causes the sufferer to undergo obstructed breathing – resulting in the sufferer to wake up so often that they are unable to maintain adequate sleep. The design of the CPAP machines permits for a constant stream of air into the nasal passages which allows for uninterrupted sleep. An additional aspect of the CPAP guideline would require the installment of these machines into the sleeper berth of tractor-trailers.

However, this concept has been met with criticism from the trucking industry’s fleet and vendor executives. It has been argued that the CPAP machines were designed for in-home usage – not in the sleeper berths of tractor-trailers. A trucking carrier in Wisconsin revealed that although sleep apnea screening and CPAP use is highly favored, the use of the machine in-truck would cause substantial problems. For instance, it was argued that in the event two truck drivers are en route in the same truck and one is in the sleeping berth using the machine – if the other driver hits a pothole the water from the humidifier in the CPAP machine will spill all over the CPAP user.

Additional criticism alleges that the machine will be unable to maintain power in the sleeping berth of a tractor-trailer during long trips. Given the sheer complexity and confusion associated with this possible mandated guideline, our Chicago trucking accident attorney learned that a trucking carrier has developed a task force to further examine the numerous issues associated with CPAP machine use in-truck, as well as, develop a secondary recommended practice. A spokesman for the trucking carrier in Wisconsin asserts that he wants manufacturers to design an extra-rugged CPAP machine that would be specifically designed and tailored for semi tractor-trailers.

Earlier this week, our Chicago truck accident attorneys read a report posted on TruckingInfo.com detailing a poll that was recently conducted by the National Sleep Foundation. According to the study, nearly half of truck drivers revealed that they rarely or never get a good night’s sleep. The Sleep in America poll, which was composed of various transportation professionals, including: pilots, train operators, truck, bus, taxi and limo drivers, about their sleep habits and subsequent work performance.

The following includes shocking aspects of the poll revealed by professional commercial vehicle drivers:
- 44% admit they rarely or never get a good night’s sleep
- 27% report that their current work schedule does not allow adequate time for sleep
- 16% reveal that they take 3-5 naps during the work-week, while 42% report napping on work days
- 14% of truck driver admit that they have had a “near miss” due to sleepiness

Additionally, Chicago truck accident lawyers learned that truck drivers report having 12.1 hours off between shifts compared to 12.9 hours for pilots, 12.5 for train operators and 14.2 hours for non-transportation workers off between shifts.

The Sleep in America poll also showed that among all workers surveyed, train operators and pilots reported the most work day sleep dissatisfaction. Our Chicago trucking accident attorneys learned that almost two-thirds of train operators (57%) and one-half of pilots (50%) say they rarely or never get a good night's sleep on work nights, compared to 44% of truck drivers and 42% of non-transportation workers. Bus, taxi, and limo drivers report the best work day sleep satisfaction, with about one-third (29%) saying they rarely or never get a good night's sleep on work nights.

Any Chicago truck accident lawyer will tell you that sleep deprivation can often prove devastatingly harmful for those individuals working in the transportation industry, as well as, the traveling motor public. With the continued prevalence of Illinois trucking accidents due to driver fatigue, something must be done to prevent the recurrence of this deadly driver condition. However, with continued debate over truck driver hours-of-service rules and questionable practices by truck driver medical examiners; this topic will continue to prevail under a wave of controversy.

In the unfortunate circumstance you have been injured in a motor vehicle accident or have lost a loved one at the hands of a fatigued semi truck driver, please contact our experienced accident attorneys in Chicago to see what legal rights and relief may be available to you.

Earlier this month, our Illinois trucking accident blog reported a lawsuit that had filed by the American Trucking Associations challenging the Federal Motor Carrier Safety Administration’s new hours-of-service rule for truck drivers. The ATA asserts that the new rule, which requires truck drivers to spend two back-to-back 1 a.m. to 5 a.m. periods off-duty before restarting their hours of service logs for a new week, will keep some drivers off-duty much longer before permitting them to start a new work week. Additionally, the ATA argues that the new HOS rule was created through means of changed assumptions and analyses that do not meet the required legal standards.

However, subsequent litigation has been sought by numerous safety agencies – including: Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition, as well as, two truck drivers. According to a news report, posted on The Journal of Commerce Online, these groups have publicly criticized the Federal Motor Carrier Safety Administration for maintaining the 11-hour daily driving limit for large commercial vehicle drivers in the recently released final rule. Our Chicago truck accident attorneys learned that on Friday the safety groups filed for appellate review to challenge the federal HOS regulation.

In a statement released by the vice president of Advocates for Highway and Auto Safety, it was argued that it is appalling that the Federal Motor Carrier Safety Administration continues to implement rules that fail to adequately address truck driver fatigue in light of the agency’s goal to prevent truck-related deaths and injury. The Advocates for Highway and Auto Safety and Public Citizen initial wanted the FMCSA to implement a 10-hour daily driving limit and eliminate the 34-hour restart provision. However, when the FMCSA updated their final rule in late December, the 34-hour restart provision was revised – not eliminated- and the 11-hour driving limit was maintained.

Our Chicago truck accident lawyers learned that this lawsuit will ultimately lead many more additional hours of litigation pertaining to federal truck driver rules and regulations. Conflict over truck driver hours-of-service regulations has been subject to frequent legal disputes since 2003. Both the Bush administration, as well as, the Obama administration has seen challenges to the various versions of the hours-of-service rule by Public Citizen and Advocates for Highway and Auto Safety – the most recent lawsuit was dropped after the Obama administration agreed to revise the HOS rule – the same rule called into question today.

The Chicago accident attorneys at Levin & Perconti are pleased to learn that a number of safety groups across our country are taking the initiative to help curb, as well as, prevent truck driver fatigue. Given the continued number of devastating semi truck accidents caused directly by driver fatigue, something must done to prevent the recurrence of premature fatalities and serious personal injury.

Recently, our accident attorneys in Chicago read a news report posted on Wavy.com detailing the criminal charges a 40 year-old bus dispatcher faces for his role in a devastating bus accident that killed four people. According to the article, both the bus dispatcher and the 37 year-old bus driver face charges of involuntary manslaughter after it was determined that the low-fare bus driver had fallen asleep behind the wheel shortly before colliding into an embankment and subsequently overturning. Further investigation revealed that the bus dispatcher had ordered the driver to operate that day despite complaints from the driver that he was too fatigued.

Sadly, our Chicago accident lawyers learned that this particular bus carrier – which is a member of a new facet of the bus industry that provides inexpensive buses to convenient locations at fairly cheap rates along the East Coast – has maintained a continued operational history of allowing too-tired drivers behind the wheel of large commercial vehicles filled with unsuspecting passengers. The bus driver is currently being held on a secured $500,000 bond pending his extradition. However, if the driver refuses extradition, he will be required to attend a hearing later this week.

According the records maintained by the Federal Motor Carrier Safety Administration, the bus carrier had been involved in four accidents during the two years prior to the most recent accident. A Chicago accident lawyer at our office read in the report that of those four accidents, all resulted in either an injury or fatality. Additionally, the company has received over 46 violations for driver fatigue – ultimately ranking them worse than 86 percent of commercial motor carriers. Despite the continued prosperous nature of these particular types of low cost bus carriers, the continued string of deadly accidents associated with these companies has led to tougher federal regulations.

Every Illinois accident lawyer at Levin & Perconti is astonished that these types of bus companies continue to operate on our nation’s roadways in blatant disregard of federal carrier regulations. It is truly unfortunate that often times lives have to be lost in order to governmental authorities to place these dangerous carriers out of service. Continued regulation of passenger-carrying motor vehicles must be implemented by federal and state authorities in order to prevent the recurrence of these devastating accidents that often result in severe personal injury or even premature death.

If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent driver, please contact our experienced accident attorneys for a free consultation.

Bloomberg.com released a report earlier this week detailing a legal petition that has been filed by one of the largest U.S. trucking groups, American Trucking Associations. The petition challenges that Transportation’s Departments driver fatigue rules that were previously established during the implementation of the new commercial vehicle driver hours-of-service rules. Our Chicago truck accident attorneys learned that the president and chief executive officer of the American Trucking Associations released a statement asserting that the driver fatigue rules focus on the wrong safety issues, in addition to, not meeting legal requirements.

Additionally, the American Trucking Associations President alleges that the rule-making implemented under a cloud of changed assumptions and analyses that does not meet required legal standards. Another representation for the American Trucking Associations asserts while the final hours-of-service rule maintained an 11-hour limit on the number of hours a trucker is permitted to driver – instead of limiting it to the proposed 10 hours, the trucking industry objects to the current requirement of a 34-hour rest period each week that would require drivers to be off two consecutive nights.

When addressing driver fatigue issues, the group states that many more fatalities and injuries are due to large commercial vehicle accidents caused by speeding rather than driver fatigue. However, our Chicago trucking accident lawyers learned that the federal government has been sued in 2003, 2006, as well as 2009 for permitting 11-hour driving shifts. Upon the settlement of the third lawsuit, the Federal Motor Carrier Safety Administration agreed that the agency would review and rebuild the regulation.

Nevertheless, regardless of the highly debated topic over truck driver’s hours-of-service regulations, the statistics don’t lie. According to preliminary data compiled by the National Highway Traffic Safety Administration, there were approximately 3,675 truck-related fatalities in 2010 – up 8.7 percent from 3,3,80 fatalities in 2009. As for trucking companies, the final regulation, which should cost carriers at least $1 billion, will take effect July 1, 2013.

Truck driver fatigue is a continuous issue that will continue plague our interstate highway system until trucking carriers and governmental agencies put aside their desire to transport more goods at heavier loads and focus and the safety of the traveling public. Every Chicago truck accident lawyer at our office urges lawmakers to uphold the current hours-of-service rules in order to ensure that truck drivers get enough adequate rest in order to drive 80,000 pound commercial vehicles with the utmost safety.

TodaysTrucking.com released a news article earlier today detailing eleven new recommendations that have been issued by the Federal Motor Carrier Safety Administration pertaining to large commercial vehicle drivers and sleep apnea. These recommendations come in light of a joint meeting that was conducted this past week involving the Federal Motor Carrier Safety Administration’s Motor Carrier Safety Advisory Committee and the Medical Review Board.

The eleven recommendations contain various provisions and requirements, such as requiring all commercial vehicle drivers’ license holders who maintain a body mass index measurement (BMI) of 35 or higher be tested for sleep apnea. Our Chicago accident lawyers learned that an acceptable method of treatment for sleep apnea in truck drivers is the continuous positive airway pressure (CPAP) machines.

However, any further rulemaking or guidance based on the eleven recommendations for large commercial vehicle drivers with sleep apnea – the Federal Motor Carrier Safety Administration will open up these issues for public comment. Overall, our accident attorneys in Chicago read that rulemaking on this issued will take numerous years to develop. Meanwhile, while the United States is deciding on potential legislation dealing with this severely controversial and discussed issue, the Canadian Trucking Alliance is preparing a sleep apnea testing pilot program that will be implemented in the spring.

The National Heart Lung and Blood Institute defines sleep apnea as a disorder in which an individual who suffers from the condition displays one or more pauses in breathing or shallow breathes during sleep. This condition ultimately results in poor sleep quality that makes the individual who suffers from sleep apnea to be extremely fatigued during the day. Sleep apnea continues to remain one of the primary leading causes of excessive daytime sleepiness.

If a large commercial vehicle driver suffers from sleep apnea and does not receive treatment for the condition, the results can be extremely hazardous – both for the individual sufferer, as well as, other vehicles traveling on the roadway with the driver. A recent study conducted by the Federal Motor Carrier Safety Administration revealed that as least 28 percent of all commercial drivers’ license holders suffer from sleep apnea.

An additional study by the FMCSA showed that drivers who operated with untreated sleep apnea performed significantly worse on tests than healthy subjects who were alert but had a blood alcohol concentration exceeding the federal limit for operating a large commercial vehicle.

If you or a loved one has been injured in an Illinois trucking accident due to truck driver fatigue or sleep apnea, please contact an experienced Chicago accident lawyer at Levin & Perconti to see what legal rights and relief may be available to you.

Earlier today, HuffingtonPost.com released a news report which detailed the enactment of several new rules pertaining to commercial vehicle drivers. After completing numerous public listening sessions, the Federal Motor Carrier Safety Administration has decided to reduce the hours of service a large commercial vehicle driver is legally permitted to operate in a seven day work period from 82 hours to 70 hours. Our Chicago truck accident attorneys learned that the implementation of these new rules comes in light of numerous government agencies overall goal to ensure that truck drivers get enough rest in order to safely operate.

A Chicago truck accident lawyer at our firm read that the Federal Motor Carrier Safety Administration Administrator released a statement which reveals that this final rule is the culmination of the most extensive and transparent public outreach effort in the agency’s history. It was additionally revealed that the Federal Motor Carrier Safety Administration encompassed many resources, including input from the trucking community, as well as, the latest scientific research to create a rule which recognizes that when commercial vehicle drivers are adequately rested and alert, the safety of our roadways substantially increases.

Additional aspects of the rule require that semi truck drivers must take a break of at least 30 minutes after working eight hours straight. Drivers are also permitted to take 30 minute breaks anytime they need to during the first eight hours of driving. The Federal Motor Carrier Safety Administration’s rule states that drivers can drive up to 11 hours per day, such as the previous rule permitted, although the agency will continue to thoroughly research the dangers of the 11 hour per day rule before a change will be implemented in that aspect. Drivers and trucking carriers found in violation of these new rules will be subjected to financial repercussions.

Each Chicago accident attorney at our firm commends the efforts of the Federal Motor Carrier Safety Administration to help make our roadways substantially safer against devastating semi truck accidents. With fatigued semi truck driving plaguing our roadways and causing an estimated 755 fatalities, as well as, 19,700 injuries each year – according to the FMCSA – new rules and regulations must be enacted to help save lives on our nation’s roadways. If you or someone you know has been involved in any type of motor vehicle accident, please contact our Chicago trucking accident attorneys. Our attorneys will provide a free consultation to help determine what legal rights may be available to you.

Recently, our Illinois trucking accident blog posted a report which detailed the settlement of a trucking accident lawsuit. The $3 million settlement was awarded to the family of a man who died as the result of a devastating trucking accident that occurred in May 2010. The lawsuit marked the first time in which sleep apnea was acknowledged for playing a prominent role in a fatal trucking accident. During the course of the trial, it was found that in addition to the driver of the large commercial vehicle refusing to treat his diagnosed sleep apnea prior to the accident, the trucking company failed to ensure that follow up care was provided.

MarketWatch.com reports that as part of the agreement of the trucking accident lawsuit settlement, the trucking carrier has agreed to implement a program that educates its employees in the area of sleep apnea and the dangers that will likely ensue by driving with the condition. Our Chicago truck accident lawyers read that when reinforcing sleep apnea education, it is important to distinguish to commercial vehicle drivers that as long as a driver treats their sleep apnea condition, they will not be subject to invalidation of their commercial driver’s license. Current policy in the trucking industry reveals that the Federal Motor Carrier Safety Administration does not require that commercial vehicle driver’s be tested for sleep apnea, despite the significant treat the condition poses.

Despite current statistics that show that almost one-third of all commercial vehicle drivers suffer from sleep apnea, the article points out that trucking companies must implement an effective sleep program that mandates companies to treat at-risk drivers, all the while remaining productive in the transportation industry. One group, called Sleep Health Center’s National Services Group, has garnered nationwide attention for their ability to guide transportation companies through policy development, sleep apnea program education, as well as, sleep disorder management in order to avoid the recurrence of devastatingly fatal trucking accidents.

The article points out that educating drivers on healthy sleep is extremely beneficial. Our Chicago trucking accident attorneys read that healthy and adequate sleep is imperative to a truck driver’s wellness and safety. Additionally, with more trucking companies implementing sleep apnea education systems, it has proven to lower overall healthcare costs and fatigued-related accidents. Overall, these types of programs seek the improve employee performance, retention, and most of all prevent additional fatal accidents that are attributed to the medical condition of sleep apnea.

The issue of sleep apnea and truck drivers has continued to be a reoccurring topic in news reports, as well as, the common cause of commercial vehicle accidents resulting in injury or fatality around the nation. Every Chicago truck accident lawyer at Levin & Perconti believe that now, more than ever, is the perfect opportunity to educate our Illinois trucking accident blog readers about this common medical disorder.

According to a recent article posted on HuffingtonPost.com, which discusses the frequent link between sleep apnea and obese semi truck drivers, defined obstructive sleep apnea as a disorder which is commonly characterized by having pauses in breathing or shallow breathing during sleep which ultimately creates disrupted sleep. The medical issue of sleep apnea is most common in individuals who are overweight and poses a severe threat during roadway travel. Truckers who have sleep apnea can often prove dangerous due to the fact that sleep apnea frequently causes daytime drowsiness – which proves increasing fatal for drivers of 80,000 pound commercial vehicles.

Two government advisory panels recently released a recommendation that would call for all obese commercial vehicle drivers with a body mass index of 35 or higher be screened for sleep apnea. This recommendation, which was developed at the public meeting of the Motor Carrier Safety Advisory Committee and the Medical Review Board, will be further discussed and reviewed early next year. Additional recommendations on the concept of mandated sleep apnea screenings for truck drivers will be finalized before presentation to the Federal Motor Carrier Safety Administration.

According to an article posted on Today’s Trucking, if the Federal Motor Carrier Safety Administration agrees to implement the proposed recommendations, it would ultimately lead to guidance on the proper steps to take of a commercial vehicle driver does not pass the screening test. Our Chicago trucking accident lawyers read that the guidance would include conditions that would cause for immediate commercial vehicle driver disqualification, such as falling asleep at the wheel or involvement in a fatigued-related collision. Additional guidance allows for a semi truck driver to obtain a 60-day conditional card during evaluation and treatment of sleep apnea.

Sleep apnea is a potentially dangerous condition that could lead to tragic collisions if not properly diagnosed and treated. Our Illinois accident attorneys are thrilled to learn that topic of sleep apnea and truck drivers is garnering nationwide attention and promoting safe driving habits for drivers of large commercial vehicles.

Earlier today, our Illinois semi truck accident attorneys read a report on TruckingInfo.com detailing how one state has implemented a new tool for state police that uses automated license plate readers to help determine if a semi truck driver is violating hours of service regulations. The new system will automatically and electronically screen commercial vehicles who pass weigh stations for the vehicle’s weight, size, registration, safety records, as well as, how long the trucks have been traveling that day. The system uses a computer program to help validate if the commercial vehicle driver’s logbook is accurate and if hours of service are being violated.

The implementation of this program comes in lights of numerous semi truck accidents where driver fatigue was a contributing factor. During the subsequent investigations after these collisions, it was discovered that a number of drivers has falsified the information contained in their logbooks so they could travel longer distances and drive more hours. Despite the number of large commercial vehicle drivers traveling our roadways each day that operate safely and adhere to rules and regulations, there are still a number of those drivers who are irresponsible and negligent. This program will hopefully help remove unsafe drivers and ensure that all truck drivers are not driving over hours.

Hours of service regulations puts limits for when and how long a commercial vehicle driver may operate. These regulations have been implemented after substantial scientific review which ensures that semi truck drivers get the adequate rest they need in order to safely operate on our roadways. The implementation of hours of service regulations further aides in deterring semi truck accidents that transpire as a direct result of truck driver fatigue. According to the Insurance Institute for Highway Safety, research has found that truck drivers who operate behind the wheel for more than eight hours have a twofold increase in crash risk.

Our Chicago truck accident lawyers encourage more states to adopt new and improved highway tools which recognize hours of service violations for commercial vehicle drivers. When the driver of a large commercial vehicle, which can weigh up to 80,000 pounds, operates fatigued the results can be devastating for the driver, as well as, surrounding passenger vehicles. When a truck driver operates beyond the maximum hours of service and an accident ensues, the driver and his/her carrier may be held liable for negligence if an injury or death results.

If you have been injured or have lost a loved one at the hands of a fatigued semi truck driver, please contact the Chicago semi truck accident attorneys at Levin & Perconti. Our experienced accident attorneys will provide a free initial consultation to see what legal rights and relief may be available to you.

Earlier today, our Chicago semi truck accident attorneys read a report on Whig.com detailing a single-vehicle collision involving a semi truck on Illinois Interstate 72. Illinois State Police report that a semi truck was traveling westbound on the interstate when the truck’s driver fell asleep behind the wheel and drove his vehicle off the road. Upon exiting the interstate, the commercial vehicle struck a guardrail and proceeded to destroy over 200 feet of guardrail before colliding into a concrete bridge. The driver of the semi truck received a ticket from Illinois police for improper lane usage and operating a commercial vehicle while fatigued.

Driver fatigue has continued to be one of the leading causes of large commercial vehicle accidents nationwide. Not only does driver fatigue include a semi truck driver falling asleep behind the wheel of an 80,000 pound vehicle, it also slows driver reaction time, as well as, effects judgment and vision. According to research conducted by the Federal Motor Carrier Safety Administration, more than 750 fatalities and over 20,000 injuries result each year from fatigued commercial vehicle drivers. Unfortunately, driver fatigue not only plagues drivers of large commercial vehicle, but drivers of passenger vehicles as well.

The National Highway Traffic Safety Administration reports that there are more than 55,000 driver fatigued-related accidents that occur nationwide each year. Although driver fatigue can affect any and all types of drivers, SmartMotorist.com reports that there are five population groups that are at the highest risk based on reports of motor vehicle crashes and self-reports of sleep behavior and driving performance.
- Young People: individuals ages 16-29 with irregular sleep patterns and those who drive long distances late at night
- Shift Workers: individuals whose sleep schedule is disrupted by working at night or long/irregular hours
- Sleep Disorder Victims: individuals with untreated sleep apnea or narcolepsy
- Individuals taking Medications: many medications induce drowsiness
- Drunk Drivers: operated intoxicated additionally aides to drowsiness

In order to prevent the number of devastating injuries and fatalities that result each year from Illinois semi truck accidents, our Illinois truck accident lawyers recommend that drivers of all types of motor vehicles: get sufficient sleep, never driver intoxicated, pull over when drowsy and limit night driving. Drivers who operate fatigue not only put themselves and surrounding vehicles in danger, they may be subjected to harsh fines and other penalties associated with this dangerous offense. If you or a loved one has been injured in a semi truck collision, please contact a Chicago truck accident lawyer to see what legal rights may be available to you.

Our Chicago semi truck accident attorneys recently read a report on WQAD.com detailing an area semi truck accident that ensued on Interstate 74 and Route 81. The accident transpired when a semi truck driver, transporting a cargo of cattle, fell asleep behind the wheel of his vehicle. The driver lost control of his vehicle causing the subsequent overturn of his tractor-trailer – expelling over 30 cattle onto the roadway. The overturned semi truck and loose cattle caused an additional two collisions with oncoming passenger vehicles. Fortunately, the drivers involved in this accident sustained minor injuries and the cattle remained unharmed. The accident currently remains under investigation and the driver of the commercial vehicle has received two citations for his role in the Illinois semi truck accident.

Our posts frequently discuss the devastating harm that results from the improper operation of large commercial vehicles. Driver fatigue has consistently proved to be one of the most common, as well as, one of the most dangerous driving errors committed by drivers of large tractor-trailers. According to the Large Truck Causation Study conducted by the Federal Motor Carrier Safety Administration, over 13 percent of commercial motor vehicle drivers were considered to be fatigued at the time of their crashes. Fatigue is a common result of physical or mental exertion that can significantly impair a driver’s performance. A number of factors can lend to driver fatigue including: lack of quality sleep, increased work hours, as well as, demanding driving hours.

To prevent the hundreds of accidents that occur each year due to driver fatigue, the FMSCA recommends that commercial vehicle drivers always:
- Get enough sleep before getting behind the wheel
- Maintain a healthy diet
- Take nap or rest when needed
- Avoid medication that induces drowsiness
- Recognize signals and dangers of drowsy driving

When any type of driver error plays a role in a semi truck collision, the harm sustained by accident victims is often life changing. Our Chicago truck accident lawyers recently obtained a $6.5 million settlement on behalf of an Illinois family who sustained severe harm in a commercial vehicle accident caused by a negligent semi truck driver. The driver of the semi truck was found to be operating an overloaded trailer, as well as, under the influence of marijuana when he collided into a passenger vehicle killing a 32-year-old woman and severely injuring her husband and son.

If you or a loved one has been involved in a semi truck accident, please contact an Illinois personal injury attorney for a free consultation to see what legal rights may be available to you.

Our Illinois semi truck accident attorneys recently read a report on SuwanneeDemocrat.com about a fatal semi truck accident that took the life of its driver. Shortly after midnight, a semi truck carrying a load of vehicle batteries drove off the side of the road – striking several trees. The truck proceeded to ignite upon impact, trapping the driver inside. The driver was pronounced dead at the scene. Investigative reports believe that the collision was caused by driver fatigue or due to an unknown medical condition because there were no signs that indicated that the driver had tried to avoid the accident.

When drivers of semi trucks become fatigued due to continuous daily driving hours, the risk of accidents substantially increases. According to the Federal Motor Carrier Safety Administration, over 750 people are killed and over 20,000 injuries directly result from semi truck accidents caused by driver fatigue. In addition, fatigue was a prominent factor in 75% of the run-off-the-road crashes. A seven year study was conducted by the FMCSA on Driver Fatigue and Alertness to help thoroughly examine this increasing problem. The study found night driving, as well as, the duration of driving played a significant role in semi truck accidents due to driver fatigue. It was also established that many semi truck accidents occur because drivers are unable to properly assess the level of their own alertness, in addition to, their need for sleep
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This increasing problem has led to many proposed changes by the FMSCA. Recently, it was proposed that semi truck driver’s hours-of-service be amended. This new proposal requires that drivers rest between 9-12 continuous hours each day. Any disruption in this off-duty time (by dispatches or trucking companies) requires that the driver re-start the time of their off-duty period. Additionally, drivers are required to take a 2-3 while they are on-duty. The recent proposal also requires that semi truck drivers be equipped with tamper-proof devices such as Electric On-Board Recorders that monitor daily and weekly driving times.

The Chicago accident attorneys at Levin & Perconti sincerely hope that these proposed standards help decease the frequency of semi truck accidents due to driver fatigue. Too many lives have been lost at the hands of truck drivers who have been encouraged by their companies to drive excessive hours. When driver fatigue leads to accidents that result in serious injuries or death, the driver may be held responsible in a court of law. The trucking company may also be found negligent if they failed to follow FMSCA regulations surrounding hours of service. Our attorneys have the experience and resources to hold negligent truck drivers, as well as, their companies liable for your injuries.

Please contact an experienced Illinois semi truck accident attorney if you or someone you know has sustained serious harm or death as the result of a semi truck accident to find out what legal remedies may be available to you.

Our Chicago trucking accident lawyers just learned of a fatal accident involving a tractor trailer truck and a tour bus that occurred early this morning. Reports from CBS News indicate that at least one person, the semi-truck driver, was killed, and over thirty other people sustained injuries. The Spectator reported that the accident occurred when the semi-truck struck the back of the bus, which was pulling back onto the highway from the side of the road. Following the collision, both vehicles became engulfed in flames. It is being reported that all 46 passengers on board were able to get out, but at least thirty of them were hospitalized.

We will continue to monitor reports to learn more about the potential causes and consequences of this tour bus accident. It comes just five days after two people were killed in another crash involving a tour bus. That rollover crash, which occurred just 45 miles from today’s accident, is said to have been caused by a tire blowout in the bus.

Forbes.com cites a statistic from Advocates for Highway and Auto Safety that says that since January, 32 people have already been killed in tour bus accidents. That’s already two more than the number killed in tour bus accidents in all of 2010. With statistics like these, it is important for both passengers and tour bus operators to start thinking of ways to reduce these numbers to help ensure the safety of future passengers and others on the road. Unfortunately, despite increases in the number of these types of vehicles on the roads, the government does little to regulate them.

Currently, tour bus passengers are not required to wear seat belts, thereby increasing their risk for injury or death in the event of an accident. There is also little monitoring of tour bus drivers or the vehicles themselves. Our Chicago personal injury lawyers were shocked to learn that many tour companies do not perform background checks on drivers, and all they need is a commercial driver’s license to operate these large vehicles. Additionally, as with truck drivers, tour bus drivers run the risk of accidents caused by driver exhaustion because little is done to police driver hours.

Although what caused this accident is not clear at this point, our Chicago semi-truck accident lawyers hope that the 2011 increase in tour bus accident deaths will motivate state and federal lawmakers to consider new regulations to protect the safety of tour bus passengers and other drivers on the road. Due to the size of these vehicles, the risk for catastrophic personal injury and death increases greatly when an accident involves a tour bus. Therefore, tour bus operators and drivers must ensure that their vehicles are in safe operating condition at all times. Operators must thoroughly screen their drivers to make sure they have proper experience and an understanding of how to safely operate their vehicles. They should also take measures to limit their drivers’ hours of service to ensure that they do not drive distracted or fall asleep behind the wheel.

Every Chicago truck accident attorney at Levin & Perconti understands the dangers posed by truck operators who do not pay attention to the road. We recently read about a report on TheTrucker.com that highlights the issue of driver distraction in general. The report, Distracted Driving: What Research Shows and What States Can Do, by the Governors Highway Safety Association summarizes distracted driver research (looking at car and truck operators both) and makes recommendations as to what states can do to help reduce the incidence of distracted driving. Examples of distractions mentioned in the report include: cell phones, text messages, talking with passengers, electronic devices, impairment due to drug use, drinking, personal grooming and eating, to name a few.

The prevalence of distracted driving is scary. But when the distracted driver is operating a semi-truck or tractor trailer, the consequences can be devastating. Due to the sheer size of these vehicles, even momentary truck driver distraction can lead to fatal accidents with other motorists. These distractions can cause catastrophic personal injuries not only to people in cars and smaller vehicles, but they can also cause the truckers themselves to suffer serious or fatal injuries.

Although there are federal laws in place that ban any operator of a commercial vehicle from texting while driving, trucking companies and owners should also warn drivers who work for them to avoid dangerous practices and distractions. When a driver’s distractions cause an accident and someone else is injured or killed, victims have a right to take action to hold all wrongdoers accountable. The easiest way to avoid a trucking accident lawsuit is to always operate your vehicle with extreme care and caution to ensure your safety and the safety of others.

Since 1992, our Illinois injury attorneys have represented clients in all types of accident cases, including trucking accident lawsuits. In November, we settled a case for $6.5 million in which a trucker was distracted because he was under the influence of marijuana when he collided with our client's vehicle. Our client's wife, who was only 32, was killed, and our client and his young son sustained serious injuries. This terrible accident could have been avoided if the truck operator practiced safe driving and drove his vehicle with a clear mind.

Most states have taken steps to ban the use of cell-phones and text messaging for all drivers, but until it is widely enforced, we suspect that the number of car and trucking accidents caused by driver distractions such as phones will not decline. We ask all of our readers to avoid risky practices, such as texting while driving, to make the roads safer for everyone.

Far too many of the Chicago truck crash stories reported on this blog have a similar theme at their core: they were caused by tired truckers. Time and again drivers behind the wheels of these big rigs make various mistakes that would likely have been avoided if the trucker was properly rested. This driver fatigue is a well-known and well studied problem. However, steps to eliminate the concern have often fallen short.

For one thing, there is clear disagreement within the industry about the root cause of the fatigue. One line of thought argues that the problem is caused in large part by truck drivers with undiagnosed cases of sleep apnea. Sleep apnea is a condition where the sufferer has repeated breathing disturbances while sleeping which results in poor sleep quality and much higher than normal feelings of sleepiness while awake.

Many in the industry suggest that sleep apnea is a major contributing factor to trucker fatigue. While it is undoubtedly true that some truckers suffer from the problem, little evidence suggests that it is a major cause of fatigue. Askthetrucker.com provided a comprehensive critique of the issue, explaining that the best data indicates that truckers suffer sleep apnea at the same rest as the rest of the population. Even most importantly, the data reveals that those drivers did not show a higher risk of causing truck accidents.

The truth remains much simpler: lack of sleep is the main cause of driver fatigue.

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